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LIBRARY OF CONGRESS 



020 312 196 9 




Hollinger Corp. 
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iWw Fo;'& State Education Department 
Law Division 

Frank B. Gilbert, Chief 

Albany, N. Y. } July i, 19 10. 
HOW TO CONDUCT ANNUAL SCHOOL MEETINGS 



CONTRACTS BETWEEN DISTRICTS FOR EDUCATION 

OF CHILDREN 

ANNUAL MEETINGS — COMMON SCHOOL DISTRICTS 

By following the instructions given in this document much cor- 
respondence with the Education Department will be avoided ; vexa- 
tious questions as to the collection of taxes will be obviated ; and 
the business of the meeting facilitated. It should be noted that the 
entire Education Law of 1909 was amended by laws of 1910, chap- 
ter 140, and the sections referred to herein are those of the 
amended law. 

Appeals to the Commissioner of Education from proceedings of 
the annual school meeting, which are to be instituted under article 
34 of the Education Law, as amended by laws of 1910, chapter 140, 
should be brought within 30 days after said meeting is held. 

Time of annual school district meeting. Section 194 of the 
Education Law provides that the annual school meeting of each 
school district shall be held on the first Tuesday of August in each 
year, and, unless the hour and place thereof shall have been fixed by 
a vote of a previous district meeting, it shall be held in the school- 
house at 7.30 o'clock in the evening. If a district possesses more 
than one schoolhouse, it shall be held in the one usually employed 
for that purpose, unless the trustees designate another. If the dis- 
trict possesses no schoolhouse or if the schoolhouse is not access- 
ible, then such meeting shall be held at such place as a trustee, 
or, if there be no trustee, the clerk shall designate in the notice. 
The hour designated in the notice of such meeting must be strictly 
observed. No authority exists for holding the meeting before the 
hour designated, and no legal obligation rests on the inhabitants 
who may have assembled at such hour to wait after such hour for 
others before organizing and proceeding with the business. 

Notice of annual school district meeting. Section 193 of the 
Education Law makes it the duty of the district clerk to give notice 

W 39 or-Jeio-i2ooo (7-12045) D^ OF Ui 

SEP 12 WO 



2 NEW YORK STATE EDUCATION DEPARTMENT 

of the time and place of the annual meeting, by posting five no- 
tices of such meeting in at least five conspicuous places in such 
district, at least five days previous to the date of such meeting. 
One of such notices must be posted on the front door of the 
schoolhouse. 

If the office of district clerk is vacant the trustee must give such, 
notice. 

Form of notice of annual school district meeting 

ANNUAL SCHOOL DISTRICT MEETING 

The annual meeting of the inhabitants of school district no... 
town of... qualified to vote at school meetings in said district, 
will be held at the schoolhouse in said district, on Tuesday, August 
2, 1910, at 7.30 o'clock p. m. for the transaction of such business 
as is authorized by the Education Law of 1910, and the acts, 
amendatory thereof. 



Trustee of the District 
Dated July ... 19 

The failure of the clerk to post notices of the annual meeting will not of 
itself render such meeting invalid. The law fixes the time for holding the 
annual meeting, and its regularity does not depend on any call by trustee 
or notice by clerk. 

Organization 

Call to order. The trustees, or some one of them, should call 
the meeting to order ; if no trustee is present, the clerk of the dis- 
trict should do so. In case no trustee or clerk is present, any legal 
voter of the district may do so. 

Election of chairman. Some inhabitant should nominate a qual- 
ified voter of the district as chairman of the meeting, and the per- 
son calling the meeting to order should put the motion. 

Clerk of meeting. The district clerk should act as clerk of the 
meeting. If he is not present, the chairman of the meeting should 
call for nominations for a clerk of the meeting, put the question to 
viva voce vote and declare the person receiving the greatest number 
of votes elected clerk of the meeting. 

Record of meeting. The clerk of the meeting should keep an 
accurate and complete record of all the proceedings of the meeting 
and deliver the same at the close of the meeting to the person 
elected district clerk. 

Inspectors of election. Two qualified electors of the district 
should be appointed inspectors of election in such manner as the- 



v4$ 



ANNUAL SCHOOL MEETINGS 



meeting shall determine, and these inspectors should receive the bal- 
lots cast on all propositions, canvass the same, and announce the 
result of each ballot to the chairman. 

Ballot box. The trustees of the district should see that some 
proper receptacle is prepared for receiving ballots. The use of a 
hat for this purpose is not desirable. A box should be prepared. 

Order of business 

After the meeting is duly organized as outlined above it should 
proceed to the transaction of business. The meeting is charged 
by law to consider the following questions and it is suggested that 
they be taken up in the following order : 

i Trustees' report. The trustee or trustees should render a 
report, in writing, under their hands, containing a just, full and 
true account of all moneys received by them respectively for the 
use of the district, or raised or collected by taxes, the previous 
school year, and of the manner in which the same shall have been 
expended, and showing to which of them an unexpended balance, 
or any part thereof, is chargeable ; and of all drafts or orders made 
by them upon the supervisor, collector, treasurer or other custo- 
dian of moneys of the district ; and a full statement of all appeals, 
actions or suits and proceedings brought by or against them, and 
of every special matter touching the condition of the district. [See 
Education Law, § 278] Such report should be read, and the meet- 
ing should act thereon, either by accepting and approving it, or 
rejecting it, or referring it to a committee for examination. 

2 Collector's report. The collector should render a report in 
writing of all his collections, receipts and disbursements. [See 
Education Law, § 255] Such report should be read, and the meet- 
ing should take action thereon as above stated in relation to the 
report of the trustee or trustees. 

3 Treasurer's report. The treasurer of the district (if the dis- 
trict has a treasurer) should render a report in writing, containing 
a full account of all moneys received and of all disbursements made 
by him and to whom, and the dates of such disbursements, re- 
spectively, and the balance of moneys remaining in his hands. Such 
report should be read, and the meeting should take action thereon 
as above stated relative to the renorts of the trustees and collectors. 
[See Education Law, § 251, subdiv. 6] 

4 Committees' reports. Reports of special committees, if any 
have been appointed, should then be made and action thereon taken 
by the meeting. 



4 NEW YORK STATE EDUCATION DEPARTMENT 

5 Report of contracts. The trustee or trustees should report 
to the meeting whether any contracts have been made by him or 
them for the employment of a teacher or teachers for the school 
of the district for the school year commencing August I of that 
year; and if such contracts have been made, the names of the per- 
sons employed, their terms of service and the compensation to 
be paid. 

6 Estimates. The trustee or trustees should also render to 
the meeting a statement of the amount of money necessary to be 
raised by tax for the following purposes : payment of teachers' 
wages after deducting the amount of public school moneys appor- 
tioned to the district ; for school district library ; for fuel and lights ; 
for service of janitor; for insurance of the schoolhouse, furniture 
etc.; for repairs, if any are necessary, to the schoolhouse, or fur- 
niture; and for such other purposes as are authorized by law, in- 
cluding any of those specified in § 205 of the Education Law of 
1909, as amended by laws of 1910, chapter 140. 

The meeting should take action on such statement, and vote a 
tax or taxes for the purposes aforesaid. If the meeting fails or 
refuses to vote the necessary tax to meet the contingent expenses 
of the year the trustee may issue a tax list for such expenses includ- 
ing the salaries of teachers for four months in advance and any 
other amount which the law specifically authorizes a trustee to 
expend. 

The vote on all propositions at such meeting, involving the expen- 
diture of money, or authorising a levy of a tax or taxes, shall be by 
ballot, or ascertained by taking and recording the ayes and noes of 
the qualified voters attending the voting thereat. [See Education 
Law of 1909, § 207, as amended by laws of 1910, ch. 140] 
Taking and recording the ayes and noes means that the clerk must 
record the name of each person whose vote is received, and write 
opposite each name aye or no in accordance with the way such per- 
son votes. 

7 Paying trustees for services. The practice in many districts 
of voting to pay a trustee $5, $10, or any other amount for his ser- 
vices is without authority of law. The office of trustee is an honor- 
ary one and a district meeting may not lega'lly vote a compensation 
of any amount to that officer. A trustee should not accept pay- 
ment for his services. 

8 Election of school district officers. After the foregoing busi- 
ness of the annual meeting has been transacted, such meeting should 
proceed to elect its school district officers. 



ANNUAL SCHOOL MEETINGS 



Election of district officers 



Eligibility of district officers. Every school district officer must 
be a resident of his district, and qualified to vote at its school dis- 
trict meetings. No person is eligible to any district office who can 
not read and write. A person to be eligible to the office of treas- 
urer of a district must also be a taxable inhabitant of the district. 
No person can hold more than one school district office at one and 
the same time. The librarian of the district must be a teacher in 
the school in the district, and appointed by the trustee or trustees. 

Mode of electing school district officers. All school district 
officers must be elected by ballot. The two inspectors of election 
appointed by the meeting should receive the ballots as cast and 
deposit them in the ballot box provided by the trustees. The 
clerk of the meeting must keep a poll list containing the name of 
every person whose vote shall be received. The clerk should set 
opposite the name of every person whose right to vote is challenged 
the word " challenged," and if the person makes the declaration 
required by law, he should so state; and if such person refuses to 
make such declaration, he should so state. The ballots shall be 
written or printed, or partly written and partly printed, containing 
the name of the person voted for and designating the office which 
he is voted for. The meeting may vote for candidates for all the 
district offices on one ballot, or may vote for each officer separately. 
If the meeting decides to vote for each district officer separately, 
as for example, for trustee, a ballot with the name of a person 
thereon but without the designation " for trustee," will be legal. 
The custom which has prevailed in some districts where there 
appeared to be but one candidate for a district office, to adopt a 
resolution that the clerk, or some other person, cast a ballot for 
such candidate, is not a compliance with the Education Laic. 

'When a ballot is closed, the inspectors should proceed to count, 
but without opening them, the ballots in the ballot box, and com- 
pare the whole number with the number of names on the poll list, 
and, if the whole number of ballots is equal to or less than the num- 
ber of names on the poll list, such inspectors should proceed to 
count the ballots and announce the result to the chairman of the 
meeting; but, if the ballots exceed in number the names on the poll 
list, such inspectors should place the ballots in the box and draw 
therefrom the number of ballots in excess and destroy them, and 
then canvass the votes remaining, as above stated and announce the 
result to the chairman. The chairman should announce such result 
to the meeting. The persons receiving a majority of all the votes 



NEW YORK STATE EDUCATION DEPARTMENT 

cast, are elected to the offices for which they were voted. The 
chairman must declare to the meeting the result of each ballot as 
announced by the inspectors. The chairman only announces the 
result. He has no authority to decide as to the legality of the elec- 
tion. If no person has received a majority of the votes cast, 
or there shall be a tie, a new ballot must be taken. 

Notice of election. The district clerk or the person acting as 
clerk at the annual meeting must forthwith give notice, in writing, 
to the persons elected to district offices ; but, if any person so elected 
was present at such meeting, such presence shall be deemed a suffi- 
cient notice of such election. 

Qualifications of electors 
Who are voters. 'All voters at school meetings in either com- 
mon or union school districts must have all of the following general 
qualifications : 

General qualifications 

i A citizen of the United States. 

2 21 years of age at least. 

3 A resident within the district for a period of at least 30 days 
next preceding the meeting at which he or she offers to vote. 

Any person who possesses all of the above general qualifications 
and any one of the four following special qualifications is entitled 
to vote. 

Special qualifications 

1 One who owns or hires, or is in the possession under a con- 
tract of purchase of real property in such district liable to taxation 
for school purposes. 

2 One who is the parent of a child or children of school age, 
provided such child or children shall have attended the district 
school in the district in which the meeting is held for a period of 
at least eight weeks within the school year preceding such school 
meeting. (Under this provision both father and mother may vote.) 

3 One who, not being the parent, has permanently residing with 
him or her a child or children of school age who shall have attended 
the district school for a period of at least eight weeks within the 
school year preceding such meeting. (Under this provision but 
one person may vote, viz, the head of the household.) 

4 One who owns any personal property assessed on the last 
preceding assessment roll of the town exceeding $50 in value, ex- 
clusive of such as is exempt from execution. [See Education Law, 
§ 203, as amended by laws of 1910, ch. 140] 



ANNUAL SCHOOL MEETINGS 7 

Qualified voters may vote on any question brought before any 
•annual or special school meeting. 

Y\ omen possessing any of the above qualifications are entitled 
to vote. 

Challenge of persons offering to vote. Every qualified voter 
in a school district has the right and it is his duty to challenge any 
person offering to vote, whom he knows, or has reasonable cause 
to believe, is not a qualified voter in the district. The person so 
challenged can not be sworn, nor asked any questions as to his 
-qualifications as a voter, but the chairman of the meeting must re- 
quire such person to make the following declaration: 

Declaration. " I do declare and affirm that I am, and have 
Tjeen, for 30 days last past, an actual resident of this school district, 
■and I am qualified to vote at this meeting." 

If the person challenged makes such declaration, his vote must 
he received; but if such person refuses to make such declaration 
his vote must be rejected. 

Any person who shall wilfully make a false declaration of his 
right to vote, after being challenged, shall be deemed guilty of a 
misdemeanor. 

Any person not qualified, who votes at any school meeting shall 
forfeit $10 to be sued for by the supervisor of the town. [See Edu- 
cation Law, § 204, 205, as amended by laws of 1910, ch. 140] 

ANNUAL MEETINGS — UNION FREE SCHOOL DISTRICTS WHOSE 

LIMITS DO NOT CORRESPOND WITH THOSE OF 

A CITY OR INCORPORATED VILLAGE 

Annual school district meetings. In union free school dis- 
tricts whose limits do not correspond with those of an incorporated 
village, or city, the annual school district meeting shall be held on 
the first Tuesday of August. 

Notice of annual meeting. The clerk of each of such dis- 
tricts shall give notice of the time and place of holding' the 
annual school district meeting, by publishing such notice once in 
each week for the four weeks next preceding such meeting, in 
two newspapers if there shall be two, or in one newspaper if there 
shall be but one, published in such district; but if no newspaper 
shall be published therein, then such notice shall be posted in at 
least 20 of the most public places in said district 20 days before 
the time of such meeting. [Education Law, § 193, as amended by 
laws of 1910, ch. 140] 



8 NEW YORK STATE EDUCATION DEPARTMENT 

Contents of notice. The notice should clearly state the time and 
place of the meeting, and may be in the same form as that of an 
annual school district meeting, except as to the reference to the 
district. [See form on p. 2] If it is proposed to vote at the 
annual meeting for (l) additions to sites or new sites, (2) addi- 
tions to buildings or new buildings, the notice must clearly indicate 
the amount of the tax to be voted therefor, and the object of such 
tax. [Education Law, § 467, subdiv. 3, as amended by laws of 
1 910, ch. 140] 

Financial statement to be published. It is the duty of the 
board of education to publish in at least one newspaper in the dis- 
trict, at least 20 days next before the annual meeting, a full and 
detailed account of all moneys received by the board or the treas- 
urer of the district, for its account and use, and of all the money 
expended therefor, giving the items of expenditure in full. If there 
is no newspaper published in the district such account must be 
published by posting copies thereof in five public places in the dis- 
trict. [Education Law, § 321, as amended by laws of 1910, ch. 
140] 

There should be published or posted with such statement an esti- 
mate of the sums necessary to be raised by tax for teachers' wages, 
purchase of apparatus and fixtures, new furniture, repairs to 
buildings and furniture and other necessary school expenses. 

Presentation of statement of taxes to be raised. The board 
of education should present to such annual meeting the aforesaid 
statement after the meeting is organized and the reports of such 
board and other officers have been presented and acted on, and the 
question should then be taken on voting the necessary taxes to meet 
the estimated expenditures. Any qualified voter present at the- 
meeting may demand that a vote be taken on each item separately. 
The meeting may increase the amount of any estimated expenditure, 
or reduce the same, except for teachers' salaries and the ordinary 
contingent expenses of the school or schools. If the annual meeting 
refuses to vote the amount estimated for teachers' salaries or con- 
tingent expenses, the board may levy a tax therefor the same as. 
though such amounts had been regularly voted by the meeting. 
[See Education Law, § 324, 325, as amended by laws of 1910,. 
ch. 140] 

Method of voting. On all propositions arising at such meet- 
ing involving the expenditure of money, or authorizing the levy of 
a tax or taxes, in one sum or by instalments, the vote must be by 
ballot, or ascertained by taking and recording the ayes and noes, 
of the qualified voters attending and voting at such meeting. 



ANNUAL SCHOOL MEETINGS 9 

Election of school district officers. The only officers to be 
elected at such annual meeting are, members of the board of educa- 
tion in place of the members whose term of office then expires, or 
members to fill vacancies existing in the board; such officers must 
be' elected by ballot, in the manner outlined on pages 5 to 7 of this 
circular. The clerk, treasurer and collector are elected by the 
board of education. [See Education Law, § 254, as amended by 
laws of 1910, ch. 140] 

Qualifications of voters. The qualifications of voters are also 
the same as those outlined for common school districts on pages 
6 and 7. 

Districts having more than 300 children. In union free school 
districts whose limits do not correspond with those of a city or 
incorporated village, in which the number of children of school age 
exceeds 300, as shown by the last annual report of the board of 
education to the school commissioner, except districts organized 
under a special act of the Legislature, in which the time, manner and 
form of the election of officers shall be different from that pre- 
scribed for the election of officers under the general law, and except 
union free school districts in the counties of Suffolk, Chenango, 
Warren, Erie and St Lawrence, the qualified voters therein may, at 
any annual meeting, or at any special meeting duly called, by a 
majority of those present and voting, to be ascertained by taking 
and recording the ayes and noes, determine that the election of the 
members of the board of education shall be held on the Wednesday 
next following the day designated for holding the annual meeting 
of the district. Such election shall conform in all respects to the 
provisions of section 303 of the Education Law, as amended by 
laws of 1910, chapter 140. 

Free textbooks. The qualified voters of any union free school 
district present at the annual meeting therein, for which a notice 
has been duly given that such a vote will be taken, or at a special 
meeting therein, duly and legally called for that purpose, shall have 
power, by a majority vote, to be ascertained by taking and record- 
ing the ayes and noes, to vote a tax for the purchase of all text- 
books used, or to be used, in the schools of the district. [See 
Education Law, § 673, as amended by laws of 1910, ch. 140] 



10 NEW YORK STATE EDUCATION DEPARTMENT 



CONTRACTS BETWEEN DISTRICTS FOR INSTRUCTION OF PUPILS 

Article 21 of the Education Law provides as follows: 

§ 580 District meeting to authorize contract system. Any 

school district may decide by a majority vote of the qualified voters 
present and voting at any district meeting : 

1 To contract for the education of all the children of such dis- 
trict in another district or in a city instead of maintaining a home 
school ; 

2 To contract for the education of part of the children of such 
district in another district or in a city and maintain a home school. 

§ 581 District or city with which such contract may be made. 
1 Such contract may be made with one or more districts or cities. 
The district meeting authorizing such contract may designate the 
districts or cities with which such contracts may be made. 

2 If the district meeting fails to make such designation or if 
any district or city so designated refuses to make such contract, 
the trustees of the district authorizing such contract may enter 
into a contract with a district willing to make such contract. 

§ 582 Trustees or boards of education may contract to re- 
ceive such children. The trustees or board of education of any 
district or city may enter into a contract to receive and educate in 
the schools of such district or city the children of any district 
which shall authorize its trustees to contract for the education of 
its children as provided by section 580 of this chapter 

§ 583 Form of contract. Such contract shall be written and 
in the form prescribed by the Commissioner of Education. 

§ 584 Validity of contract. Such contract shall not be valid 
or binding upon either party thereto until a copy thereof is filed 
with the Commissioner of Education and approved by such 
Commissioner. 

§ 585 Apportionment to contracting district. 1 Whenever 
the period of time which a district contracts for the education of 
its children or such period together with the time school is actually 
taught in said district shall amount to 160 days and the contract 
shall include all the children of school age in such disbrict, such 
district shall be entitled to receive one district quota. 

2 Whenever a district maintains a home school and contracts 
for the education of at least 12 of its children in another district 
or city, it shall be entitled to one teacher's quota in addition to 
its district quota. 



CONTRACTS BETWEEN DISTRICTS II 

3 No school district operating under the contract system shall 
receive a greater apportionment than the total expense incurred in 
payment of tuition and transportation of pupils as shown by the 
report of the trustee to the school commissioner. 

§ 586 Report of pupils from other districts. The children 
attending a school under any such contract shall be reported to the 
Commissioner of Education by the trustees or board of education 
of the district or city wherein such children attend school as 
though they were residents of such city or school district. 

Rulings under contract system 

The following important rulings have been made by the Educa- 
tion Department upon this law : 

1 The contract must be authorized by a majority vote at the 
annual meeting or a special meeting of the district. The vote 
must be by ballot or by taking and recording the ayes and noes. 
When such contract has been legally authorized the trustee must 
make it. When a district authorizes a contract, the trustee may 
contract with two or more districts if better educational facilities 
may be obtained thereby. 

2 If the distance from the homes of any of the children to the 
schoolhouse at which they are required to attend school under such 
contract is too great for such children to walk to and from school 
daily the district must provide for their conveyance. The trustee 
is not authorized to provide such conveyance until directed to do 
so by a district meeting. The district meeting should therefore 
take proper action on this question when it authorizes a trustee to 
contract. If the distances to be traveled exceed 2 miles and no 
provision is made for conveyance the Commissioner of Education 
will withhold his approval. 

3 The contract should be for at least 160 days and should pro- 
vide for all children of school age in the district. If such contract 
is for less than 160 days school must be maintained in the district 
a sufficient number of days, so that the combined number of days 
for which provision has been made by contract and for which school 
is maintained in the district shall equal at least 160 days. 

4 Districts making contracts in accordance with the above pro- 
visions will be entitled to receive one district quota, provided the con- 
tracts are approved by the Commissioner of Education. A district 
quota is $200 in a district having an assessed valuation of $20,000 
or less; $175 in a district having an assessed valuation of $40,000 



12 NEW YORK STATE EDUCATION DEPARTMENT 

or less but exceeding $20,000; $150 in a district having an assessed 
valuation of $60,000 or less but exceeding $40,000; and $125 in alt 
other districts. If a district maintains a school and contracts for 
part of its children and at least 12 pupils attend under such con- 
tract it will be entitled to a district quota and also to a teacher's 
quota. A teacher's quota is $100. In no event, however, will the 
State apportion to any school district contracting for the education 
of its children an amount in excess of the actual expenses incurred 
for tuition and transportation of pupils. // contract will not be 
approved zvhich calls for the payment of more than $25 for each- 
pupil for the entire period. 

5 Trustees can not legally apportion among the parents of pupils 
attending school under contract, as compensation for the trans- 
portation of their children, any balance of State money which 
may remain after paying the tuition of such pupils. Such balance 
may be used to pay for the transportation of children when such 
children have been provided with transportation under a bona fide 
contract. Trustees can not lawfully pay from the funds of the 
district the tuition of pupils who are not attending school under a 
contract made in pursuance of the law given above. 

6 If a district does not maintain a home school, but contracts- 
for the education of its children in another district, such contract 
must provide for the education of all of the children of school age 
residing in the district. Provision can not be made by which all 
children below the high school grade shall be thus educated and 
those who attend the high school be permitted to enter under the act 
providing for the free tuition of nonresident students. 

7 A contract will not be approved where it clearly appears that 
the district is sufficiently strong financially and has a sufficient num- 
ber of pupils of school age, to properly support a home school,, 
and the distances between the districts are so great as to materially 
lessen the school privileges of the younger pupils in the contracting- 
district. 

8 Trustees can not legally contract with parents for the trans- 
portation of their children. The intent of the law in providing 
transportation is that it should be regular and daily; that individual 
parents should not derive pecuniary advantage from it; and that 
nothing should be left to parental convenience or caprice. The 
general rule should be that one person of proper character, furnish- 
ing suitable accommodations, should be regularly employed and the 
contract for transportation should be awarded, after opportunity 



CONTRACTS BETWEEN DISTRICTS 1 3 

for competition, to the most reliable party who will furnish the 
tiest transportation at the lowest cost to the district. 

9 All contracts made under the provisions of this law must be 
in the form required by this Department. These contracts should 
be made in duplicate and one forwarded to this Department for 
approval. Such contracts are not valid until approved by the 
Commissioner of Education. Blank forms of contract will be 
supplied by this Department. The information required on the 
third page of the document containing such blank form must be 
supplied before a contract will be approved. 



LIBRARY OF CONGRESS 



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020 312 196 



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